Draft Law "Changing Composition Commissions Cooperation, Prices, P


SAN MARINO


We the Captains Regent of the Most Serene Republic of San Marino

In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
We promulgate and send for publishing the following ordinary law approved by the Great and General Council
its meeting on July 22, 2013:

LAW 29 July 2013 N.100

AMENDMENTS TO THE CRIMINAL CODE AND THE CODE OF CRIMINAL PROCEDURE AND
PROVISIONS ON CIVIL PROCEDURE AND ON JUDICIAL



CHAPTER I AMENDMENTS TO THE CRIMINAL CODE

Art. 1

1. Article 140, number 6 of the Criminal Code is replaced by the following:
"6) Exchequer devolution of confiscated things."

Art. 2

1. Article 145 of the Criminal Code is replaced:

"Art. 145
(Advance sign and seizure)

If there is justifiable reason to fear that in the process the debtor's assets is
disperse, the judge, upon application by the Most Excellent Chamber, the Prosecutor of the Treasury or the civil party, may
order the advance registration of the privilege in the Office of the register records and
Mortgages, as to real property, and seizure, as to movable property, for a sum
presumably corresponding to that which will be paid for credit .
Similarly, the judge, of the Treasury Attorney's request, order the inscription early
privilege in the register of the office records and Mortgages, what goods
real estate, and the seizure, how to movable property of the accused or of the sums or things due to him if
there is good reason to believe that there is a lack of guarantees for the payment of
penalty or fine, costs of the proceedings and any other amount due
also Exchequer by way of confiscation.
In such cases, the privilege shall date of the registration or seizure day.
The accused can always offer an adequate security in place of registration or of the seizure
.. "

Art. 3

1. Article 147 of the Criminal Code is replaced by the following:

«
Art.147 (Confiscation)

With the judgment establishing the responsibility of the accused, the court shall order the confiscation of
that served or were destined to commit the offense and the things that are the price, product or profit
.
The seizure follows, also, regardless of the sentence, the manufacture, use,
port, possession, sale or trade, constitutes an offense, even of things not owned agent
.
In case of acquittal by reason of insanity, is always the confiscation of the things
in the first paragraph, where it is established is a real danger that the asset will be used by the agent to commit
facts of crime .
For the purposes of confiscation, the goods that the agent has notionally payable to third parties, or otherwise possesses
nominees, are considered as belonging to him.
The confiscation of profit, price or product of the crime is also prepared from persons,
involved in the offense, which has benefited, if he could realize the illicit origin of
things she availability .
The seizure may also be placed on assets passed for yourself
properties different from the offender, to inheritance law. In this case the confiscation is willing only to goods
of which the heir has the current availability.
The forfeiture shall not prejudice the rights of third parties in good faith on the things to which they refer.
If things mentioned in the first paragraph, for whatever reason, can not be
confiscated, the court orders the confiscation of money, goods or other benefits of which the convicted person has
availability even through a third party, for a value equivalent to
product, profit or price of the crime.
If things mentioned in the first paragraph have been mixed entirely or partially
of lawful origin goods, the court shall order the confiscation of the commingled well until the estimated value of
that served or were destined to commit the offense or who are price, product or profit
. If things mentioned in the first paragraph have been transformed or converted, in whole or in part
, into other property, the confiscation of such property as well as performing on the advantages of
transformation, conversion or confusion.
If convicted for the offenses referred to in Articles 150, 158, 167, 168, 168a, 169, 177a, 177
ter, 194, third paragraph, 195, 195 bis, 195 ter, 196 , 199, 199a, 199 b, 204, paragraph 3, number 1, 204
bis, 204 ter, 207, 212, 237, 239, 241, 242, 246, 251, 252 ter, 287 bis, 287 ter , 295, 296, 297, 298,

299, 300, 305a, 308, 309, 337 bis, 337 ter, 371, 372, 373, 374, paragraph 1 ,, 374 ter, paragraph 1, 401,
401 bis, 403, 403 bis , the crimes committed with the purpose of terrorism, the crime referred to in Article 1 of the Law
26 November 1997 n. 139 and the crime referred to in Article 2 of the law 7 June 2010 n.
99, the court orders the confiscation of money, goods or other benefits of which the convicted offender is
availability and justifies the legitimate origin.
The things confiscated or equivalent sums to them shall revert to the Treasury or, where appropriate, destroyed
.

Art. 4

1. Article 148, first paragraph, of the Criminal Code is replaced by the following:
"The extinction of the offense excludes any criminal effect, except as provided in the previous
."

Art. 5

1. Article 199a, first paragraph, of the Penal Code the expression "except in cases of
in the crime, 'is deleted.
2. After the sixth paragraph of Article 199a of the Penal Code is added the following paragraph:
"Subject to the provisions relating to the penis contest if the offenses to which this article
are made by the same person who committed the crime with which it was obtained
money, the judge may reduce the sentence by one degree.. "


Art. 6

1. Article 199 ter of the Criminal Code is replaced by the following:

"Art.
199 ter (Possession of unjustified values)

It is punished with first-degree imprisonment or a fine, either alone or combined with each other and with the
third-degree disqualification, the person convicted of an offense described in Article 147,
tenth paragraph, which is caught in possession of money, goods or other benefits of which may not be
able to justify the legitimate origin. "

Art. 7

1. Before Article 251 of the Criminal Code, "Infringements" Title is replaced by the following
"Misdemeanors on weapons."
Art. 8

1. The first paragraph of Article 252 quinquies of the Criminal Code is repealed.

Art. 9

1. The heading of article 252 quinquies of the Criminal Code is replaced by the following:
"Failure to collect or retain of the dealers 'register'.

Art. 10

1. After Article 252 sexies of the Penal Code has introduced the following title: "Offences
on weapons."

Art. 11

1. After Article 252 sexies of the Penal Code has introduced the following article:

«
Art.252 septies (culpable violation on weapons)

When the facts referred to in Articles 251, 252, 252 bis, 252 ter, 252 quater, 252 d, 252
e are committed because the penalties provided for in them is reduced by one degree. ».
Art.12


1. After Article 252 septies of the Penal Code on "Violations" Title is introduced.



CHAPTER II AMENDMENTS TO THE CRIMINAL PROCEDURE CODE


Art. 13

1. After the title of the Criminal Procedure Code on the "Chapter IX Of
objects that are in the power of justice," the following items are added:

"Art. 58a
(Seizure of evidence)

1. The judge reasoned decree ordering the seizure of the body of the crime and the things that are relevant to it
necessary to establish the facts.
2. Are the corpus delicti things on which or with which the crime was committed as well
things that make up the product, profit or price. 3
. The judge or the judicial police personnel delegated by the court, may
examine and obtain copies of records, documents, correspondence, data and information contained in
computer programs with financial institutions as well as to seize documents,
documents and correspondence, titles, values, amounts deposited and anything else, even if
contents of safe deposit boxes, when he has reasonable grounds for believing that they are relevant to
offense, though not belonging to ' defendant or are not registered in his name.
4. The decree by which the acquisition is arranged with financial institutions copy of
documentation shall be forwarded to the Attorney of the Treasury and the financial entity from which
examined or scanned documents.

Art. 58b
(Seizure quote)

1. The judge, by reasoned decree, order the seizure of the things relevant to the offense if there is danger that
be aggravated or prolonged consequences of crime or to facilitate the commission of other crimes
.
2. The judge has the seizure of the things that the confiscation for equivalent
is allowed or the things in which they have been transformed or converted, the things that were mixed
and the derived economic benefit.
3
. The judge shall make all necessary investigations to identify things, money or other benefits
subject to confiscation in accordance with Article 147 of the Criminal Code.. "



CHAPTER III PROVISIONS RELATING TO PROPERTY CONFISCATED

Art. 14

1. The assets, values ​​and confiscated funds are intended primarily to strengthening
prevention and suppression of crime.
2. To this end, the sums of money confiscated and those derived from the sale of confiscated things flock
a specific heading in the entrance of the state budget, to be allocated on the basis of specific requests
, combating money laundering, the financing of terrorism, the
organized crime and corruption. 3
. The destination of the sums referred to in the previous paragraph, for the pursuit of
aims described above, it takes place according to the procedures laid down in Article 27 of Law 18 February 1998 n. 30 and
with allocation on relevant items of expenditure.
Art.15


1. Unless otherwise stipulated in international agreements or conventions, goods, funds
and values ​​confiscated on the basis of a request for judicial assistance by another
State shall be vested in the State addressed if their value is below € 10,000.00; if the value is
above this amount, half the surplus value is transferred to the requesting State.
2. The measurement of the allocation established in the previous paragraph may be waived in whole or in part
, subject to reciprocity, based on subsequent agreements to the execution of the request for judicial assistance
, by reason of the offense charged for which has been the confiscation, the relevant legal
well, the degree of participation of each State in the activity of investigation.




CHAPTER IV RULES ON THE HANDLING OF CRIMINAL


Art. 16

1. The Executive Magistrate may assign the conduct of investigations related to processes for the misdeeds
indicated in article 147 of the Criminal Code to two or more investigators judges, subject
assigning the file already placed.
2. They can be assigned to multiple judges, including the investigation of various processes,
provided that this does not cause delay in the handling of proceedings for crimes
indicated in Article 147 of the Criminal Code. 3
. The Law of the Commissioners appointed by the Executive Magistrate pursuant to paragraphs that precede
exercising, even jointly, the powers conferred by law to the judge investigating
. The individual procedural acts are performed individually or jointly.
4. The Executive Magistrate, where takes action on, delegated to one of the judges appointed
the management and coordination between the investigating judges. The magistrate, in particular
, must ensure that all investigative judges comply with the directives from the Executive Magistrate
for the coordination of investigations and for the use of the judicial police,
the auxiliary staff and resources techniques.
5. Each judge is obliged to provide to the Executive Magistrate
timely information on the progress of investigations.
6. In relation to the development of the investigation and given the overall organizational needs
of the Court, the Executive Magistrate may revoke the joint designation and
provide that the proceeding is treated by only investigating judge assigned the case.
7. If the direction of needs and coordination of inquiries reveal in connection with
proceedings for which are already under investigation, the Executive Magistrate, may assist the investigating judge
assignee of the file, one or more Law Commissioners.




CHAPTER V PROVISIONS IN THE MATTER OF NOTIFICATION

Art. 17

1. The notification of administrative acts of any kind, including those on tax matters as well as those
imposing administrative sanctions, provides the Office
which adopted the document by the postal service by registered letter with acknowledgment of receipt .
The provision in this paragraph shall apply to acts of electoral matters
exclusively in relation to the notification of voting cards.
2. Service shall be deemed to have occurred in the case of storage for thirty days at the postal service
. 3
. The provisions of Article 3, paragraph 1 of Law 49 of May 17, 1984.
4. In all of the law in which, for such acts, reference is made to the notification by Judicial Officer
, provides the competent office, including the notifications valvas that
are made via notice board Office.

5. The service of documents in implementation of the International Collaboration on administrative
takes place in accordance with this article and the provisions of article 2 of the Law
May 17, 1984 n. 49 as replaced by the following Article 18.

Art. 18

1. Article 2 of Law 17 May 1984 n. 49, as amended by Articles 4 and 5 of
Law 17 June 1994 n. 55 is replaced by:

«
Art.2
The service of documents in judicial or extrajudicial civil under the appropriate Hague Convention
is performed by bailiffs also by the postal service
, by registered letter with acknowledgment of receipt. In this case, the notification is for
has performed in the case of storage at the postal service for the period of thirty days.
Judicial Officers always proceed to hand notification of the following civil court documents interiors
:
a) a copy of the first and possibly the second application of the civil case;
B) copies of all the decrees with which the rituals terms of the procedure are opened;
C) copies of the decrees which are allowed the means test;
D) copies of the decision of any degree;
E) a copy of executive orders.
The judge has, in writing and in each case, determined that all other acts are notified to
hand or other suitable form.. "

CHAPTER VI FINAL PROVISIONS



Art. 19

1. The costs of the procedure referred to in Article 140, number 5) of the Penal Code are defined
based on the parameters set with the appropriate delegated decree, to be adopted within six months
entry into force of this Act.
2. The delegate decree referred to in paragraph 1 shall, also, the rights office for the activities
mail and stationery, the amount of takeaway expenses and custody of assets subject to garnishment requests
and rates for the annual subscription to the Bulletin of Protests.

Art. 20

1. The instruments subject to registration tax since the beginning, proportional or progressive,
produced or acquired in criminal proceedings and for which tax has not been paid, are examined
to the effects in criminal proceedings Notwithstanding Article 59 of Law 29 October 1981
85.

Art. 21

1. Articles 38 and 39 of the Decree - Law 134 of July 26, 2010 are hereby repealed.
2. They are likewise repealed paragraphs 3 and 4 of Article 8 of Decree-Law 61 of May 31, 2012.

Art. 22

1. This Law shall enter into force on the fifteenth day following that of its legal publication
.


Our Residence, this day of July 29, 2013/1712 dFR


THE CAPTAINS REGENT
Antonella Mularoni - Denis Friends





THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

Gian Carlo Venturini